Raw milk nation – interactive map – farm-to-consumer legal defense fund

Copyright © 2010-2019 Farm-to-Consumer Legal Defense Fund farmtoconsumer.org. The map is the property of the Farm-to-Consumer Legal Defense Fund. This map may not be reproduced or altered without the express, written permission of FTCLDF and if permission is granted all reproductions must cite FTCLDF as the source of the original material. This map is not intended to be used as or construed as legal advice.

A couple of states have no law on herd shares, yet selling raw milk in these states is still illegal. A herd share allows people to buy shares of a milking animal or herd and pay the farmer to care for the animals and milk them.

As owners of the animals, the shareholders are entitled to the milk from their own animals and are not actually buying the milk.

The sale of raw pet milk is legal in almost every state if the producer has a commercial feed license or its equivalent or has otherwise fulfilled state specific requirements to sell pet food. Most states, however, will not issue commercial feed licenses for the sale of raw pet milk. The chart shows only those states where it is known that raw milk producers have received permits or otherwise are in compliance with the law.

Raw milk and raw milk products may be sold at retail, but must be shelved separately and clearly labeled as raw milk. Raw milk and raw milk products may not be sold or used by restaurants and similar food service establishments. Animals must be tested periodically for certain infectious diseases, and bottling must occur on the farm where produced. Approved, sanitary equipment and capping stock must be used.

Raw milk is legal for retail sale, but the producer’s facilities must be inspected and a license obtained, if the producer distributes off site. The raw milk is classified according to regulatory standards and must be clearly labeled with a potential health hazards warning. Herd shares are permitted by Department of Agriculture policy only when the milk production complies with the regulations set forth for raw milk retail sales.

Herd share distribution of raw milk is legal. Producers must be registered with the state, milk must be labeled as unpasteurized with required warning language, and the producer must provide information concerning sanitation and testing of herd cattle to herd share participants. Group pick-up and delivery is allowed among herd share co-owners. Share agreements must be in writing and include a bill of sale and boarding contract. See “Colorado Revised Statutes Title 25. Health Products Control And Safety — Article 5.5. Dairy Products, Imitation Dairy Products, And Frozen Desserts — Part 1. Dairy Products — 25-5.5-117. Raw milk”

Retail sales permitted with a license and subject to inspection of the fluid product, which must pass state or locally adopted inspection standards for maximum bacterial colonies per milliliter. Licensure requirements depend upon farm’s production volume (more or less than 250 pounds of product per day). Herd must be tested annually and milk must be labeled, with prominent warning language. Local health regulations may also apply. Producer must register with the CT Department of Agriculture and obtain a permit to operate.

Yes. The herd share arrangement must be registered with the state, and the milk must be received on the farm, only by the share owner. The herd share must be evidenced by a written bill of sale, with boarding terms satisfactory to the state. The dairy must provide information concerning health practices and herds must be tested every 4 to 6 months. See “Idaho Statutes — Title 37 – Food, Drugs, and Oil — Chapter 11 – Acquisition of Raw Milk”

Retail sale of raw milk and milk products is legal, but the products must be labeled as not pasteurized. Licenses are required for milk distributors (defined as any person who offers for sale or sells to another any milk or milk products in its final form), and permits are required for milk producers (defined as any person who operates a dairy farm and provides, sells, or offers milk or milk product(s) for sale).

Grade A raw milk is allowed to be sold for retail, which is regulated by the state and needs to comply with numerous provisions. “Retail” means farm-to-consumer, on farm sales only. There is policy interpretation 2010-1 which interprets herd shares or cow shares to be sales of milk and therefore they are only permitted if the producer holds a certificate of registration. This letter is dated November 15, 2010.

By Milk Board policy, both on farm and off farm sales are permitted for raw milk to the end consumer. A producer may only sell at a farm stand or other limited retail type establishment if they comply with state requirements under the Retail Raw Milk Permit. This permit is still limited to farm-to-consumer sales (no grocery store, restaurants, etc.)

Sales of raw milk or cream from the producer, store, or milk pasteurization plant to the final consumer or milk or cream from a producer to stores is allowed. It is also permitted to sell raw milk cheese aged a minimum of 60 days above 35 degrees F and labeled as unpasteurized. Also permitted are the direct sales of raw milk yogurt if clearly labeled.

Raw milk retail sales of “Grade A” designated milk and milk products are permitted, and the producer must obtain a state permit in order to advertise or label milk as “Grade A.” Raw milk offered for retail sale must be clearly labeled with a health risk warning, as provided in the statute. On-farm sale of raw milk is also allowed. State regulations require testing of all cows before production of milk and every 12 months thereafter. Milk must be bottled at the farm. Raw milk must be displayed separately from pasteurized milk products.

Direct to consumer, on farm sales of raw milk are allowed if the producer/seller has obtained a state license and if milk is bottled in accordance with statutory requirements and appropriate signage is posted on the point of sale. Currently permits are only issued for sale of fluid raw milk. State law requires a permit for raw milk sellers or those who “otherwise make raw milk available for consumption by consumers.” Thus herd shares would appear to be included in license/permit requirements.

Raw milk sales are illegal in Ohio, but there is a grandfather provision for those engaged in the continuous sale of retail raw milk since 1965. There are no longer any raw milk producers meeting this criterion in Ohio. Herd share arrangements have been allowed pursuant to court ruling. Schmitmeyer v. Oh. Dept. of Agriculture, Darke County Ct. Comm. Pls. No. 06-CV-63277 (Dec. 29, 2006).

On farm sales of raw cow, sheep, or goat milk are permitted, so long as the milk is bottled on premises and the producer maintains a limited group of producing animals on premises: not more than 3 cows, 9 sheep, or 9 goats, max. Raw goat or sheep cheese is permitted to be sold in retail stores if it has been aged for at least 60 days, and raw fluid goat and sheep milk may be sold in retail stores if the producer has obtained a license and the milk is bottled on premises.

Retail sales of raw fluid milk and of cheese are allowed so long as the producer has obtained a state permit and the milk and cheese production conform to state sanitary standards. End consumers who purchase raw milk on the farm may use their own containers. Otherwise, containers for raw milk must be labeled in accordance with state requirements. Milk bottled for retail re-sale must be bottled and capped by mechanical means. The state may exempt producers with only one cow from the statutory requirements.

Raw fluid milk may be sold on farm only. Raw cheese, processed under statutorily established conditions, may be sold in retail venues as well as on farm. Producers must obtain a license to produce and sell raw milk and must operate according to state sanitary requirements. Raw milk must be labeled as raw, in accordance with state established labeling standards. All other raw milk products are specifically prohibited from sale, on or off farm.

Direct to consumer sales on farm are legal. Off-farm delivery of advance milk orders is also legal for larger volume/delivery (Tier II) producers. Vermont classifies raw milk producers into two tiers: Tier I for those who sell 12.5 gallons per day, and Tier II for those who sell more than 350 gallons each week or who deliver their product. Tier II producers are required to obtain and maintain a state license. All raw milk producers/sellers are required to maintain frozen daily samples of their milk for 2 weeks, are required to maintain a customer contact list and record of transactions, and must label their product. There is a 4 day permitted maximum time between milking and transfer of the milk to the purchaser.

Raw milk and cream intended for off-site consumption are legal for sale in retail stores. Raw milk and raw milk products are also legal for sale in food service establishments. In the former case, the milk must be plainly labeled in accordance with state standards. In the latter case, the products must be conspicuously labeled and appropriate signage must be posted informing consumers of the raw dairy products. In general, raw milk for sale must meet bacteria counts established in the federal pasteurized milk ordinance. Dairy producers must be licensed and milk must be bottled on site in accordance with process and sanitary standards established by law. Raw milk sold for animal food must meet the same standards as that intended for human consumption and must be colored to distinguish it as intended for animal consumption.

Retail sales of raw milk and raw milk products are prohibited, except for incidental sales of raw milk directly to consumers on the farm on which the milk is produced. In those cases, consumers may use their own containers for transporting the milk off site. Herd shares, as individual interests in the produce of cows (or presumably sheep and/or goats as well) are not allowed. However, dairy farmers may issue ownership interests in the form of shares in the underlying milk production business, so long as the sole purpose is not to distribute raw milk to consumers/shareholders. So long as the shareholder participates in the risk of the business venture, the dairy producer may sell raw milk to those shareholders, and such sales are considered exempt from state regulation and the general prohibition on raw milk sales.

The Wyoming Food Freedom Act permits producers to sell homemade food or drink for an informed end consumer’s home consumption. Sales under this Act are limited to at a farmers market, at the home, and farm or ranch of the producer. Sales may only be made to an end consumer. The producer shall inform the end consumer that any food product or food sold under this Act is not certified, labeled, licensed, packaged, regulated or inspected. The Act itself does not mention raw milk, but there is an FAQ sheet available on the Wyoming Department of Agriculture website which expressly permits the sale of raw milk or products made from raw milk under the Act.

Copyright © 2010-2019 Farm-to-Consumer Legal Defense Fund www.farmtoconsumer.org. The chart is the property of the Farm-to-Consumer Legal Defense Fund. This chart may not be reproduced or altered without the express, written permission of FTCLDF, and if permission is granted, all reproductions must cite FTCLDF as the source of the original material. This chart is not intended to be used as or construed as legal advice.